Bound by Law: Tales from the Public Domain

Sometimes when making a film, the filmmakers are asked to clear rights to cultural fragments.
These can be music, images, or photographs. Clearing Rights is the process of finding the rights
holder and getting his/her permission to use the fragment.
Works published before 1923 are considered to be in the public domain, the works in the public
domain have copyrights that are expired.
This does not mean that only items within the public domain can be used. Fair use is a term given
to describe the use of copyrighted material for criticisms, educational purposes, parodies,
commentary, and other purposes.
Depending on the rights holders, distributers, and insurers, the term fair use can possess a
different meaning. This means that filmmakers sometimes must pay ridiculous amounts of money
for little things, even things that are in the background.
o Ex. Simpsons (page 13)
When you pay for the rights to a certain fragment, you do so through a license. The license,
however, can run out. This means that you must keep renewing the license if you wish for your
own production to continue being distributed.
o One of the reasons these fees are so large and license renewal is required more frequently
is due to the fact that documentary filmmaking is on the rise and filmmakers want clips
and excerpts from major accounts in history (page 27)
The goal of copyright is to encourage people and inspire people to create and distribute their own
new works.
U.S. Copyright protects literary works, musical works, dramatic works, choreography, graphic
and sculptural works, motion pictures, sound recordings (music) and architectural works.
Copyright Laws allow authors and filmmakers the right to make copies, make adaptations such as
translations, publically distribute, publicly display and publicly perform their works.
Copyright helps protect distributers and funders of an artists work and actually encourages them
to do business with you based on the fact that this ensures their protection as well.
Copyright allows for artists to protect their works and at the same time ensures the availability for
raw materials within the public domain as the basis for future creation.
Examples of Fair Use:
o Videotaping television shows in order to watch them later. This does not include
reproducing multiple copies and personally distributing. (Sony v. Universal Studios)
o Taking a work, and changing it in a critical or comical form, such as a parody is fair use.
You may also contain the same background music and some lines as the original or take
an original work and express it from a different viewpoint as a means of criticism.
(Campbell v. Acuff-Rose) (Suntrust v. Houghton Mifflin).
o Using only small clips from previous works for informative reasons. This means if the
original use of the clip was to entertain and youre using the clip as a means of criticism
or educational information it is fair. (TBS biography of Muhammad Ali)
Another mediator when it comes to Copyright is Term Limits. Term Limits are means in which
describe when the copyright of a certain item expires.
o Term lasts for 70 years past the death of the original author and 95 years for corporate
authors.

Trademark law protects against brand names and logos that tell consumers where a product came
from. Ex: Nike, Coca Cola, Burger King
To infringe upon a trademark you generally have to use it in a way that confuses consumers.
o Ex: Caterpillar Bulldozers in George of the Jungle 2 (page 49)
When it comes to capturing people in film, there is an important exception found within the first
amendment that allows you to show a person in matters pertaining to public interest without their
permission. If a person is also considered to be news a filmmaker is allowed to use a picture of
the person. However, people are allowed their rights of privacy.
Errors and Omissions Insurance is needed to show a film through conventional distribution
channels such as HBO. The insurance protects them and covers them from possible lawsuits that
could occur. Insurance companies require a detailed list of the source and licensing status of ALL
the material within the film. They usually do not acknowledge fair use claims. However, due to
distributing media over new sources such as the internet E&O insurance is not always needed.
It is common for filmmakers to be annoyed or discouraged when it comes to tracking down rights
and copyright information. However, it is important for them to remember that they would want
their original work protected as well.

Flipping the Classroom:

A flipped classroom describes a traditional classroom, just flipped. This means that the students
are exposed to new material outside the classroom through group simulations or lecture videos
and then the next day at class they complete activities which are usually considered to be
homework.
There is a greater focus on concept exploration and application of knowledge in a face to face
classroom setting.
o Students sometimes think they understand the lecture but when it comes to applying what
theyve learned they find that they are stuck. A flipped classroom allows for an instructor
to help students in actually applying what theyve learned.
Educational technologies in a flipped classroom are very important due to the fact that they are
how a child learns on his/her own. Educational technologies are used to capture key content,
present learning materials, provide opportunities for discourse, convey timely information, and
capture data.
Some Pros of Flipping the Classroom are:
o Students are in control
o Promotion of student-centered learning and collaboration
o Lessons and content are more accessible due to the use of technology
o It CAN be more efficient
o Parents are more involved in their childs learning
Some Cons of Flipping the Classroom are:
o Relies on proper preparation and trust
o Can create a digital divide
o A lot of work on the front end
o Not good for test preparation
o The amount of time in front of a digital screen

The main goal of a flipped classroom is to enhance a students learning by focusing on

understanding and reducing lecture time.
One of the reasons this idea came about was due to the fact that kids do not seem to be
entertained by a normal classroom setting, others find themselves bored and this reduces a lack of
attention which is both detriment to the student and the teacher as well.
Prepares students for a future as a global citizen. In the future certain students will have access
to teachers and students all over the world through the use of technology.
One of the problems for the implantation of this learning style is that many teachers would not
know what to do with the free time they would be allotted in the classroom due to the fact that
they are used to spending a great amount of time answering questions and repeating themselves
multiple times.
Another problem with implementing this learning style is that not all educators, students, and
parents have the same knowledge when it comes to technology and the use there of. This could
cause problems and leave some students even more confused and distraught.

Information found from:

https://usergeneratededucation.wordpress.com/2011/06/13/the-flipped-classroom-model-a-full-picture/
http://www.uq.edu.au/tediteach/flipped-classroom/what-is-fc.html
http://www.teachthought.com/trends/10-pros-cons-flipped-classroom/

Digital Divide:

The digital divide refers to the gap between those who have access to computers and the internet
and those who do not.
In regards of the digital divide and flipping the classroom, a problem arises because technology
based learning at home requires services of video on demand, video conferencing, and virtual
classroom which requires high speed, high quality internet connection which not all people can
afford.
Only 71% of American homes have the high speed/quality internet connection that is required for
online digital learning and other uses.
Other countries with the same GDP as the United States have a much higher percentage than 71%
which shows that Americans are falling behind in means of technology and access to the internet
and the education it can provide.
Most scholars and people high in technology and informatics say that closing the digital divide
would improve literacy, democracy, social mobility, economic equality, and economic growth.

Information found from:

http://whatis.techtarget.com/definition/digital-divide

Cyberbullying:

Cyberbullying is bullying is bullying that takes place using electronic devices such as cellphones,
computers, and tablets and the means of social media and communication within those devices
(Twitter, Facebook, MySpace, Instagram, Snap Chat).
A Survey in 2013 conducted by Youth Risk Behavior Surveillance found that 15% of high school
students (grades 9-12) had been cyberbullied within the past year.
Cyberbullying is more extreme than regular bullying due to the fact that it can follow a kid home
and no matter where they go. Hurtful messages can be posted about another person whenever the
bully has access to the Internet, which in todays day and age is basically 24/7.
Kids who are cyberbullied are more likely to skip school, find release in drugs and alcohol,
experience bullying at school, receive lower grades, and have lower self-esteem.
Another reason that cyberbullying is an increasing problem is due to the fact that harmful
messages can be posted anonymously, and once they are out on the internet they are hard to
remove and easy for anyone to find and/or pass on.

Information found at:

http://www.stopbullying.gov/cyberbullying/what-is-it/